MATTER OF HERNANDEZ v. COUGHLIN


203 A.D.2d 875 (1994)

612 N.Y.S.2d 964

In the Matter of Roberto Hernandez, Petitioner, v. Thomas A. Coughlin, Iii, as Commissioner of The Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 28, 1994


There is no support in the record for petitioner's claim that he was denied a fair and impartial hearing. The decision to revoke the visitation privileges of petitioner's wife was independent of the hearing on the disciplinary charges against petitioner and was not part of the determination now being challenged. There is also no evidence to support petitioner's claim of bias or that the outcome of the hearing flowed from the alleged bias. In addition, the misbehavior report...

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